USCIS FOIA Request for I-140 information (Sample G-639)

You can use USCIS FOIA request form G-639 to get I-140 information.

USCIS FOIA request (Freedom of Information Request Act) is the answer to the question “How to get an i-140 copy from USCIS” if your employer is not sharing.

FOIA Filing fees

Filing fees for FOIA are $0 (zero). It’s free with some conditions.

For your I-140 document request, you will most probably NOT be required to pay anything.

Please do NOT send any fees at the time of your request. After receipt of your FOIA request, USCIS will contact you if any fees are required. The first 100 pages of paper printing and the first 2 hours of USCIS search time are provided without charge except for commercial requests.

If your request requires more USCIS resources or papers, they may ask you to pay fees of 10 cents per page for duplication.

Fees are charged if the combined cost for searches, duplication, and/or review is more than $14, and by submitting Form G-639, you agree to pay fees up to $25.

#1 FOIA Request Online (Recommended)

USCIS FIRST system allows FOIA requests to be made online. You will get an email your records are ready for download online in your account.

Create an account on the USCIS website and link it to your case, you will be able to log in to the digital delivery center to view and download the records you requested.

If you are already registered on the USCIS website, you can log in and link the case to your existing account.

#2 File FOIA by Postal Mail

Send a postal mail with form G-639 for Freedom of Information Act/Privacy Act Request.

OR

#3 FOIA Request by Email

Email OR FAX is also acceptable as a valid FOIA request by USCIS. Fill out the same form G-639, get it notarized, and then scan and send it to the email address or FAX it.

Sample G-639 form for I 140 – pre-filled

This sample pre-filled FOIA request gets you an i140 approval notice and receipt number directly from USCIS without informing your employer.

You can use this same FOIA request to get other immigration records too.

USCIS FOIA Request Status Track – I140

A FOIA request for i140 processing time is 1.5 months.

I-140 request is considered a simple request and hence falls in the TRACK-1 request.

USCIS FOIA Request Control Number Status

USCIS sends an acknowledgment of the FOIA application receipt by paper mail with the FOIA control number (receipt number) to track your application status.

• USCIS might first send a mail letter with the UNC number in case they need more info about your identity. 
• The UNC number is converted to an NRC number after they have verified your identity.
• You will receive another mail letter with the NRC number and PIN.

The USCIS FIRST (online account) is useful only after you get the NRC number and PIN to register and receive the document online.

It can take up to 3 weeks for the mail to arrive. Use the FOIA request control number (NRC) to check the status here on the USCIS FOIA website.

Is the Alien registration number mandatory?

The alien number is not required for the FOIA request.

But, it is better to provide as much information as possible to USCIS for an easy search of your record.

For the primary beneficiary of the I-140 application, the Alien number will be written on the I-140 approval form itself.

Where is my A number?

Sample i797 approval looks like this for I140 applications:

Hence, it is possible that you do not have it with you. This is fine and you should leave the field blank in that case.

If the primary I-140 beneficiary has the EAD, then the Alien number can be found on the EAD card mentioned as USCIS#.

Documents required for G-639 form

There are no supporting documents required for FOIA requests and form G-639 requests.

But, we strongly recommend sending a notarized copy of your passport or your driving license to help USCIS check your identity.

Many times, USCIS rejects the FOIA request simply because they cannot verify your identity. 

FAQ